Montana § 25-13-301 Form And Contents Of Writ

Montana Statutes

§ 25-13-301 — Form And Contents Of Writ

Montana·Title 25 CIVIL PROCEDURE·Ch. 13 EXECUTION OF JUDGMENT·Part 3 Contents of Writ

25-13-301 . Form and contents of writ.

(1)The writ of execution must:

(a)be issued in the name of the state of Montana, sealed with the seal of the court, and subscribed by the clerk;

(b)be directed to the sheriff or levying officer;

(c)intelligibly refer to the judgment, stating the court and the county where it was entered and, if it is for money, the amount of money and the amount actually due on the judgment; and

(d)require the sheriff or levying officer to act substantially as provided in this part.

(2)In executions, the amount of the execution must be computed and stated as near as may be possible in dollars and cents, rejecting fractions of a cent.

(3)A writ of execution served upon an employer of the judgment debtor must be accompanied by a document that reasonably describes

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25-13-301 . Form and contents of writ. (1) The writ of execution must:
(a) be issued in the name of the state of Montana, sealed with the seal of the court, and subscribed by the clerk;
(b) be directed to the sheriff or levying officer;
(c) intelligibly refer to the judgment, stating the court and the county where it was entered and, if it is for money, the amount of money and the amount actually due on the judgment; and
(d) require the sheriff or levying officer to act substantially as provided in this part.
(2) In executions, the amount of the execution must be computed and stated as near as may be possible in dollars and cents, rejecting fractions of a cent.
(3) A writ of execution served upon an employer of the judgment debtor must be accompanied by a document that reasonably describes the exemptions from execution provided in 25-13-614 .
(4) A notice of levy must contain information sufficient to identify the judgment debtor. If the information is not sufficient to identify the judgment debtor, the writ of execution must be returned to the sheriff or levying officer. If the writ of execution is returned to the sheriff or levying officer for lack of sufficient information, the person returning the writ of execution shall indicate that the information provided was not sufficient to identify the judgment debtor.

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Legislative History

(1)En. Sec. 184, p. 79, Bannack Stat.; re-en. Sec. 210, p. 176, L. 1867; re-en. Sec. 251, p. 80, Cod. Stat. 1871; re-en. Sec. 302, p. 118, L. 1877; re-en. Sec. 302, 1st Div. Rev. Stat. 1879; re-en. Sec. 313, 1st Div. Comp. Stat. 1887; amd. Sec. 1211, C. Civ. Proc. 1895; re-en. Sec. 6814, Rev. C. 1907; re-en. Sec. 9417, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 682; re-en. Sec. 9417, R.C.M. 1935; Sec. 93-5802, R.C.M. 1947; (2)En. Sec. 3152, Pol. C. 1895; re-en. Sec. 2035, Rev. C. 1907; re-en. Sec. 4285, R.C.M. 1921; Cal. Pol. C. Sec. 3274; re-en. Sec. 4285, R.C.M. 1935; Sec. 93-4710, R.C.M. 1947; R.C.M. 1947, 93-4710(part), 93-5802(part); amd. Sec. 105, Ch. 575, L. 1981; amd. Sec. 18, Ch. 548, L. 1987; amd. Sec. 4, Ch. 89, L. 1999; amd. Sec. 8, Ch. 515, L. 2001.